VIJAYENDRA MAHILANE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These writ petitions have been filed challenging the Gazette Notifications issued by the State Government in exercise of powers conferred under the proviso to Article 309 of the Constitution of India whereby amendment has been effected under Rule 8(1) of Chhattisgarh Civil Service (General Condition of Service) Rules, 1961 (for short, 'Rules of 1961'), sub-rule (1) of Rule 22 C of Chhattisgarh Fundamental Rules and the Circulars issued by General Administration Department dtd. 29/7/2020, Finance Department dtd. 6/8/2020, and lastly by the School Education Department dtd. 15/9/2020. One writ appeal has also been filed challenging the order dated 10.6.2021passed by the learned Single Judge in W.P.(S) No 2090/2021, whereby the writ petition has been dismissed. In the said writ petition, some circulars, which are under challenge in the present batch of writ petitions, were challenged.

(2.) The petitioners in these writ petitions are Teachers in School Education Department, Constables in Police Department, Government Servants appointed by Chhattisgarh Public Service Commission and aspirants, who wish to appear in the competitive examinations in future. The petitioners, who are in service, are being governed by their respective Recruitment Rules. The core challenge being almost similar, the writ petitions as well as the writ appeal are being disposed of by this common order.

(3.) The amendment brought by the State Government in the Rule 8(1) of Rules, 1961 reads as under :-